SUPREME COURT OF INDIA

Before:- A.S. Anand and S. Rajendra Babu, JJ.

CRMP 4201 of 1997. D/d. 1.5.1998.

Dilip Kumar Basu - Appellant

Versus

State of W.B. and ors. - Respondent

Constitution of India, 1950, Articles 21 and 32 - Custodial death - Directions issued in D.K. Basu case (1997)1 SCC 416 - Compliance of - Report filed in Supreme Court indicating the affidavits furnished by various states/Union Territories were still deficient and did not furnish full and complete information up-to-date - Directions issued to counsel for the States to furnish meaningful response with all details in respect of u directions given in D.K. Basu case as well as information found to be deficient in the said report - States further directed to file affidavits through their Home Secretaries, indicating status of inquiries initiated under Section 176 Criminal Procedure Code, 1973 relating to custodial deaths and wherever reports have been received, to furnish copies of those reports with such other details as possible to ascertain compliance with the directions given in D.K. Basu case.

[Para 1]

Cases Referred :-

D.K. Basu v. State of W.B.

ORDER

A.S. Anand, J. - Learned amicus curiae, Dr Singhvi, Senior Advocate, has filed a chart detailing "comparative compliance reports" from various States and Union Territories on the basis of the affidavits submitted by them. According to the chart, it is seen that the affidavits furnished by various States/Union Territories are still deficient and do not furnish full and complete information up-to-date. By way of an example, we have seen the affidavit filed on behalf of the State of Assam as also the NCT of Delhi. Learned counsel appearing for the States are directed to furnish a meaningful response with all details in respect of the 11 directions given in D.K. Basu v. State of W.B., as well as the information which has been found to be deficient in the chart filed by Dr Singhvi. In some of the States/Union Territories, it appears that in respect of the custodial deaths, inquiries have been initiated under Section 176 Criminal Procedure Code, 1973 but the reports of inquiries are not available. All those States are required to file affidavits through the Home Secretary of the State concerned, indicating the status of all those inquiries and wherever reports have been received, to furnish copies of those reports together with such other details as are possible, with a view to get a complete picture and ascertain compliance with the directions given in Basu Case (Supra). The needful shall be done within 8 weeks, with an advance copy to Ms Aggarwal, learned counsel. The matters shall be listed on 31-7-1998 at 2 p.m.

Court Masters

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